Appiah Vrs Clement and Another [2023] GHAHC 269 (27 July 2023)

Appiah Vrs Clement and Another [2023] GHAHC 269 (27 July 2023)

The application to set aside service of the writ was filed out of time because the 14-day period includes non-working days, and thus the preliminary objection is upheld and the application is dismissed.

Citation
[2023] GHAHC 269
Parties
Plaintiff/respondent: Bernice Appiah; 1st Defendant: Clement (Bolt Driver); 2nd Defendant/applicant: Bolt Ghana Company Ltd
Court
High Court
Jurisdiction
Ghana
Judgment Date
27 July 2023
Procedural Posture
Civil / Ruling on Preliminary Objection to Application to Set Aside Service of Writ
Outcome
application dismissed
Legal Topics
Conditional Appearance, Setting Aside Service of Writ, Reckoning of Time, Preliminary Objection
Source Language
English
Civil Procedure Conditional Appearance Setting Aside Service of Writ Reckoning of Time Preliminary Objection

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Parties

Bernice Appiah

Plaintiff/respondent

Clement (Bolt Driver)

1st Defendant

Bolt Ghana Company Ltd

2nd Defendant/applicant

Procedural Posture

Civil / Ruling on Preliminary Objection to Application to Set Aside Service of Writ

Legal Issues

  1. 1 Whether the application to set aside service of the writ was filed within the time prescribed by the rules
  2. 2 Whether non-working days are excluded in reckoning the 14-day period under Order 9 rule 8 of C.I. 47

Ratio Decidendi

The application to set aside service of the writ was filed out of time because the 14-day period includes non-working days, and thus the preliminary objection is upheld and the application is dismissed.

Court Disposition

application dismissed

Orders

  • Application to set aside service of the Writ of Summons and Statement of Claim is dismissed
  • Plaintiff is awarded costs of Two Thousand Ghana Cedis (¢2,000.00)